Martinez-Nieto
Martinez-Nieto v. Holder
Opinion
Opinion
MEMORANDUM
Lorenzo Martinez-Nieto (“Martinez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his application for cancellation of removal and the BIA’s denial of his motion to remand for consideration of his application for adjustment of status.
We dismiss the petition in part and deny in part. Martinez’s conviction for conspiracy to commit marriage fraud in violation of 18 U.S.C. § 371 constituted a crime of moral turpitude rendering him ineligible for cancellation relief. See 8 U.S.C. § 1229b(b)(l)(B) & (C). The plea agreement states expressly that Martinez and his co-conspirator “agreed to defraud the INS by fraudulently obtaining permanent residence status and a ‘green card’ for MARTINEZ.” Thus, the record of conviction makes clear that Martinez was convicted for “conspiracy to defraud” a federal agency and that he possessed the intent to defraud required for a moral turpitude offense. See McNaughton v. INS, 612 F.2d 457, 459 (9th Cir.1980) (per curiam) (explaining that a crime involving “the intent to defraud clearly is one involving moral turpitude”).